Affiliation:
1. Department of Sociology Barnard College, Columbia University New York City NY USA
Abstract
AbstractThis article describes a pilot research study done by the author which focused on the judicial implementation of the “best interests of the child” standard, also known as Article 5, Section 70 of the New York State Domestic Relations Law. This is the statutory principle that guides determinations of child custody in the USA. The ambiguous nature of this law grants judges significant discretion when determining the custodial arrangements for children, as it does not explicitly define what constitutes the best interests of a child. The lack of consensus surrounding this law results in marked inconsistencies in its application. In the absence of external guidance, the author presumed that judges rely heavily on their individual knowledge and conceptualization of childhood when making custody decisions, especially those regarding facts relayed by or about children. Through in‐depth interviews conducted with seven judges from the City of New York, this study sheds light on this complex and essential issue. By incorporating insights from sociological theories of law and childhood, this study provides further insight into how judges arrive at their rulings and can be used to assist in improving the lives of families who must interact with the legal system.
Reference30 articles.
1. Administration on Children Youth and Families. (2012).Determining the best interests of the child. Retrieved fromhttps://www.childwelfare.gov/systemwide/laws_policies/statutes/best_interest.pdf
2. Rethinking Childhood
3. APSAC(2013).APSAC responds to inclusion of PAS/PAD information in diagnostic and statistical manual of mental Disorders. Retrieved fromhttp://apsaclibrary.org/positions_all.php#
4. Children's testimony: a scientific framework for evaluating the reliability of children's statements
Cited by
1 articles.
订阅此论文施引文献
订阅此论文施引文献,注册后可以免费订阅5篇论文的施引文献,订阅后可以查看论文全部施引文献